ASIA PASIFIC BREWERISE Vs. SUPERIOR INDUSTRIES

JUDGEMENT

(1.) IA No. 5990/2007 this application under Order 7 Rule 14 and Section 151 of the CPC has been made by the plaintiff seeking to file around 70 additional documents along with affidavit of the witnesses.

(2.) THE present suit is at the stage of plaintiff's evidence. It is submitted by plaintiff that the plaintiff was in the process of filing affidavit of his witnesses Mr. Raymond Anthony Poletti, Ms. Shini John and Mr. Ashok chadha and in the process of filing affidavits he proposes to file certain original/certified/notarized copies of documents along with the said affidavits which were not filed along with the plaint. He had given details of these documents in a chart and in the chart in Column No. 3; the plaintiff has given remarks about the documents. The remarks are in the nature of "to support oral evidence of witnesses", "certified copies obtained after framing issues", "the documents could be traced only recently", "the documents acquired by the plaintiff recently", "the documents notarized after framing of issues", "certified copies obtained after framing of issues" etc.

(3.) THE list of documents shows that the documents are in the nature of annual reports of the plaintiff's company, original advertising material ranging from 1987 onwards, photographs of the promotional material and the material used for promotion in respect of the brand of the plaintiff. Plaintiff also included some copies of invoices showing sale of his brand in different countries.